21-4101: Disorderly conduct.
Disorderly conduct is, with knowledge or probable cause to believe that
such acts will alarm, anger or disturb others or provoke an assault or
other breach of the peace:

(a) Engaging in brawling or fighting; or

(b) Disturbing an assembly, meeting, or procession, not unlawful in its
character; or

(c) Using offensive, obscene, or abusive language or engaging in noisy
conduct tending reasonably to arouse alarm, anger or resentment in others.

Disorderly conduct is a class C misdemeanor.

History: L. 1969, ch. 180, § 21-4101; July 1, 1970.

21-4102: Unlawful assembly.
(a) Unlawful assembly is the meeting or coming together of not less than
five persons for the purpose of engaging in conduct constituting either
disorderly conduct, as defined by K.S.A. 21-4101 and
amendments thereto, or a riot, as defined by K.S.A. 21-4104 and amendments
thereto, or when in a lawful
assembly of not less than five
persons, agreeing to engage in such conduct.

21-4103: Remaining at an unlawful assembly.
(a) Remaining at an unlawful assembly is intentionally
failing to depart from
the place of an unlawful assembly after being directed to leave by a law
enforcement officer.

(b) Remaining at an unlawful assembly is a
class A nonperson misdemeanor.

21-4104: Riot.
(a) Riot is any use of force or violence which produces a breach of the
public peace, or any threat to use such force or violence against any
person or property if accompanied by power or apparent power of immediate
execution, by five or more persons acting together and without
authority of law.

21-4105: Incitement to riot.
(a) Incitement to riot is by words or conduct urging others to engage in
riot as defined by K.S.A. 21-4104 and amendments thereto
under circumstances which produce a
clear and present danger of injury to persons or property or a breach of
the public peace.

21-4106: Maintaining a public nuisance.
Maintaining a public nuisance is by act, or by failure to perform a
legal duty, intentionally causing or permitting a condition to exist which
injures or endangers the public health, safety or welfare.

Maintaining a public nuisance is a class C misdemeanor.

History: L. 1969, ch. 180, § 21-4106; July 1, 1970.

21-4106a: Reporting nuisance convictions to
licensing authorities of clubs, drinking establishments and cereal malt
beverage retailers.
(a) Upon a conviction of a violation of K.S.A. 21-4106 or
21-4607, and amendments thereto, for maintaining or permitting a public
nuisance on the premises of a club or drinking establishment licensed under the
club and drinking establishment act, the court shall report such conviction to
the director of alcoholic beverage control.

(b) Upon a conviction of a violation of K.S.A. 21-4106 or 21-4607, and
amendments thereto, for maintaining or permitting a public nuisance on the
premises of a retailer licensed under K.S.A. 41-2701 et seq., and
amendments thereto, the court shall report such conviction to the governing
body of the city or county which issued the license.

History: L. 2004, ch. 1, § 8; Mar. 4.

21-4107: Permitting a public nuisance.
Permitting a public nuisance is knowingly permitting property under the
control of the offender to be used to maintain a public nuisance, as
defined in section 21-4106.

(1) transmitting in any manner to the fire department of any
city,
township or other municipality a false alarm of fire, knowing at the time
of such transmission that there is no reasonable ground for believing that
such fire exists; or

(2) making a call in any manner for emergency service
assistance including police, fire, medical or other emergency service
provided under K.S.A. 12-5301et seq., and amendments thereto, knowing at
the time of such call that there is no reasonable ground for
believing such assistance is needed.

21-4113: Harassment by telephone.
(a) Harassment by telephone is use of telephone communication for any of the
following purposes:

(1) Making or transmitting any comment, request, suggestion or proposal which
is obscene, lewd, lascivious, filthy or indecent;

(2) making a telephone call, whether or not conversation ensues, or
transmitting a telefacsimile communication with intent to abuse, threaten or
harass any person at the called number;

(3) making or causing the telephone of another repeatedly to ring, with
intent to harass any person at the called number;

(4) making repeated telephone calls, during which conversation
ensues, or repeatedly transmitting a telefacsimile communication solely to
harass any person at the called number;

(5) playing any recording on a telephone, except recordings such as
weather information or sports information when the number thereof is
dialed, unless the person or group playing the recording shall be identified
and state that it is a recording; or

(6) knowingly permitting any telephone or telefacsimile communication machine
under one's control to be used for any of the purposes mentioned herein.

(b) Every telephone directory published for distribution to members
of the general public shall contain a notice setting forth a summary of
the provisions of this section. Such notice shall be printed in type
which is no smaller than any other type on the same page and shall be
preceded by the word "WARNING."

(c) Harassment by telephone is a class A nonperson misdemeanor.

(d) As used in this section, "telephone communication" shall include
telefacsimile communication which is the use of electronic equipment to send or
transmit a copy of a document via telephone lines.